1.

Apologies

There were no apologies.

2.

Confirmation of Minutes

139/19

RESOLVED on the motion of Crs Dodds and Seckold

That the Minutes of the Ordinary Meeting held on 18 September 2019 as circulated, be taken as read and confirmed.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

Urgent Business

140/19

RESOLVED on the motion of Crs Nadin and Tapscott

1.         That this matter be dealt with as an item of urgent business

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

141/19

RESOLVED on the motion of Crs Allen and Nadin

2.    That Cr Nadin attend the LG NSW Annual Conference from 14 October 2019 – 16 October         2019 in replacement of Cr Fitzpatrick

3.    That the voting delegates be amended to reflect the updated attendees

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

General Motion

142/19

RESOLVED on the motion of Crs Bain and Dodds

That Item 15.1 Rescind Motion No 102/19 Climate Change Strategy be brought forward to be considered prior to Item 8 Staff Reports – Planning and Environment.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

15.1

Rescission Motion No 102/19 Climate Change Strategy

A motion was moved by Crs Bain and Nadin

1.      That Council’s Climate Resilience Strategy recognise the variable and changing climate       patterns.

2.      That Council continue to implement energy saving measures across the business, such as       street lighting, sewer/water pumps, solar energy etc where financially able to do so.

3.      That the actions in the Climate Resilience Strategy ensure the continued economic and       social viability of agricultural and transport sectors in the Bega Valley

4.      That through the Climate Resilience Strategy Bega Valley Shire look for economic       development opportunities through new and emerging technologies

5.      Bega Valley Shire write to the Hon. Scott Morrison, Prime Minister, to encourage the                Federal Government to meet Australia’s Paris Agreement targets

The motion was put to the vote and it was LOST

In favour:             Crs Fitzpatrick, Bain, Nadin and Allen

Against:                  Crs Seckold, McBain, Tapscott, Dodds and Griff

A point or order was called by Cr Tapscott regarding Cr Nadin referring to a document which Cr Tapscott has not seen.

Mayor McBain ruled in favour of the point of order and asked Cr Nadin to refrain from referring to a document which had not yet been made public.

A point of order was called by Cr Tapscott regarding Cr Nadin’s tone.

Mayor McBain ruled in favour of the point or order and asked Cr Nadin to refrain from referring to another Councillor in that manner.

A point of order was called by Cr Dodds regarding Cr Nadin’s referral to the Councils decision as shameful.

Mayor McBain ruled in favour of the point of order and asked Cr Nadin to direct his comments to the debate and not to fellow Councillors.

A point of order was called by Cr Dodds regarding Cr Nadin’s disrespect of Mayor McBain.

Mayor McBain ruled in favour of the point of order and asked Cr Nadin to direct his comments to the debate.

A point of order was called by Cr Griff regarding Cr Allen’s referral to “The Greens” being associated with the Climate Emergency Declaration movement.

Mayor McBain ruled in favour of the point or order and asked Cr Allen to direct his comments to the debate.

A point of order was called by Cr Tapscott regarding her preference for her name not be used.

Mayor McBain ruled in favour of the point of order and asked Cr Bain to direct her comments to the debate.

A point of order was called by Cr Tapscott regarding Cr Allen’s involvement.

Mayor McBain ruled in favour of the point of order and asked Cr Allen to remain quiet while Cr Bain spoke regarding the rebuttal.

A point of order was called by Cr Dodds regarding Cr Bain’s referral to “farmer for climate change action”.

Mayor McBain ruled in favour of the point of order and directed Cr Bain to maintain the debate to the topic of the rescission motion.

143/19

RESOLVED on the motion of Crs Bain and Nadin

Rescission  Motion

That Council rescind Motion no 102/19 as resolved on 28 August 2019:

1.    That Council’s Climate Resilience Strategy recognise the climate emergency, through the strength, scope and immediacy of initiatives for Council and the community to combat climate change ensuring the continued economic and social viability of agricultural and transport sectors in the Bega Valley

2.    That Council requires reports on relevant strategies, plans or initiatives to include assessment of potential climate change impacts.

In favour:             Crs Fitzpatrick, Bain, Nadin and Allen

Against:                  Crs Griff, McBain, Seckold, Tapscott and Dodds

General Motion

144/19

RESOLVED on the motion of Crs Bain and Allen

That the Ordinary Meeting be adjourned for 10 minutes, reconvening at 3:18pm.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

8.1

Outcome of the Exhibition of Draft Rural Living Strategic Directions Report

145/19

RESOLVED on the motion of Crs Fitzpatrick and Allen

1.         That Council re-exhibit the revised Draft Rural Residential Strategy (Attachment 1), with amendment to pages 38 and 39 to include potential for lot size reduction in Area 4 at Wolumla and lot size reduction at Greenpoint Road Millingandi, for not less than 28 days.

2.         That Council officers inform those who made a submission, during the exhibition of the Draft Rural Living - Strategic Directions report, that the revised draft is being re-exhibited.

3.         That staff report back to Council following the public exhibition period.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

8.2

Proposed amendment to Chapter 5.6 'Tree and Vegetation Protection' of Bega Valley Development Control Plan 2013

146/19

RESOLVED on the motion of Crs Seckold and Dodds

1.         That Council publicly exhibit an amendment to Chapter 5.6 ‘Tree and Vegetation Preservation’ of Bega Valley Development Control Plan 2013 for not less than 28 days.

2.         That Council officers report back to Council on the outcomes of the exhibition process.

In favour:             Crs Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Crs Fitzpatrick and Bain

8.3

Proposed Telecommunications Tower, Cnr Togo & Reservoir Streets CANDELO

147/19

RESOLVED on the motion of Crs Tapscott and Dodds

1.   That Development Application 2018.266, for a telecommunications facility at Lot 1 DP 89333, Togo Street, Candelo be refused for the following reasons:

a.         the Application fails to adequately demonstrate that co-location on existing infrastructure in the locality is not practical or feasible;

b.         the Proposal would have an adverse visual impact on the immediately adjoining residential properties and the broader locality of Candelo;

c.         the Application fails to minimise the proliferation of telecommunication facilities and associated visual clutter in the locality, which would be incompatible with the identified heritage significance of the village of Candelo; and

d.         the Application fails to demonstrate net positive social and environmental impacts for the community of Candelo from a new telecommunications tower.

2.   That those parties who made a submission be advised of Council’s determination of the Application.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

8.4

Establishment of Permanent Parking Officer Position

148/19

RESOLVED on the motion of Crs Fitzpatrick and Nadin

1.    That Council establish a permanent Parking Officer position within the Community Safety and        Compliance team for the ongoing compliance of timed and managed parking within the Bega      Valley Shire.

2.    That Council upgrade its signage for long term parking and revisit current parking timing in all         towns.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

9.1

Festivals and Waste Wise Events Grants Program 2019/ 20

149/19

RESOLVED on the motion of Crs Nadin and Seckold

1.    That Council allocate funds as follows:

           A.        Cobargo Folk Festival $4,000

            B.        New Year’s Eve Merimbula $15,000

            C.        New Year’s Eve Eden $3,500

             D.        Tathra Mountain Bike, Speed Nationals $500

             E.         Tathra Enduro $1,000

             F.         Christmas on Imlay $3,500

             G.        Far South Coast Film Festival $1,000

             H.        Food Truck Collective Eden and Tathra $2,000

             I.          Bemboka Lions Club Christmas Fair $1,000

             J.          Bega Customer Service Awards $2,000

             K.         Spiral Gallery Water Open Art Prize and Street Art Workshops $2,000

             L.         Four Winds Easter Festival Bermagui $2,000

             M.       Wharf2 Waves Tathra $4,000

             N.        Merimbula Jazz Festival $1,650

             O.        Rainbow Wave Festival $5,500

             P.         Bega Valley Motorcycle Expo $3,000

             Q.        Merimbula Carols on the Mountain $1,000

             R.         NAIDOC Community Day Bega $1,500

             S.         Sculpture Bermagui $1,500

             T.         Old Bega Hospital Spring Fair $500

             U.        Less Waste at Taste Boydtown $2,000

             V.        Seaside Markets Merimbula $2,000

             X.         Eden Whale Festival $5,500

             Y.         Ripples of Thunder Sound Workshops Cobargo and Nethercote $5,800

2.    That officers write to all applicants advising them of the outcome of their applications.

In favour:             Crs Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Cr Fitzpatrick

11.1

Notice to the Minister for Lands and Forestry of Council's employed Native Title Managers

150/19

RESOLVED on the motion of Crs Bain and Dodds

1.    That Council receive and note the report.

2.    That Council nominate the following Council officers as its Native Title Managers:

·    Mrs Rickee Marshall

·    Mr Rob Quick, and

·    Mr Matthew Collins.

3.    That Council give notice to the Minister for Lands and Forestry of the name and contact         details of Council staff with a designation of  Native Title Managers, as required, under         Section 8.8 of the Crown Land Management Act 2016 (NSW).

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

11.2

Community Hall Maintenance Funding 2019/20 and Community Hall Committee Nominations

151/19

RESOLVED on the motion of Crs Bain and Griff

1.      That Council endorse expenditure from the 2019/20 halls maintenance budget as outlined in the report to Council.

2.      That Council appoint the following nominees to Council’s Community Hall Committees:

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

11.3

Disposal of Easement to Essential Energy at Pambula Beach

152/19

RESOLVED on the motion of Crs Dodds and Seckold

1.    That Council grant a formal Easement for an underground electrical service over Council         owned operational land, being part Lot 1 DP 628548 at Coraki Drive, Pambula Beach to the         benefit of Essential Energy.

2.    That the Transfer Granting Easement note the requirement for Essential Energy to         maintain      and repair, in perpetuity, the underground electrical service.

3.    That all costs associated with creation and grant of the easement including Council’s legal         costs, survey work, plan preparation and registration fees be borne by Council.

4.    That the General Manager and/or Mayor be authorised to execute the necessary         documentation to effect creation of the easement.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

11.4

Road closure - section of Council public road in Merimbula

153/19

RESOLVED on the motion of Crs Nadin and Griff

1.    That Council approve, in principle, the proposal received from the applicants for the         closure         of Lot 11 DP 1246373 being surplus Council public road reserve which adjoins their      landholding, being Lot 2 DP 208862, at Ocean View Avenue, Merimbula.

2.    That Council officers commence assessment of the road closure application, under Division         3 of the Roads Act 1993 (NSW), and that the proposal be publicly advertised for a period of         28 days.

3.    That if any objections are received, a further report be prepared for Council’s         consideration.

4.    That if no objections are received Council, by notice published in the Government Gazette,         formally close the subject, surplus public road reserve.

5.    That the General Manager and Mayor be authorised to execute the necessary         documentation to affect the road closure, creation of easement for overhead powerlines         and subsequent sale of land to the applicant for $16,875 as determined by an independent         valuer.

6.    That all costs associated with the road closure process be borne by the applicant.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

11.5

Bega Valley Local Traffic Committee

154/19

RESOLVED on the motion of Crs Bain and Nadin

That Council adopt the following recommendations of the Bega Valley Local Traffic Committee:

Cuttagee Bridge - Weight Restrictions

1.    Council approve the installation of a 22.5 tonne weight restriction on the Cuttagee Bridge until such time as bridge strengthening works are completed.

Christmas on Imlay Street December 2019

1.      That, subject to conditions, Imlay Street, Eden be temporarily closed between the intersections of Bass Street and Chandos Street from 4.00 p.m. to 9.00 p.m. on Thursday 19 December 2019 for the Eden Chamber of Commerce ‘Christmas on Imlay’ event.

2.      That the proposed traffic arrangements involving the temporary closure of Imlay Street, Eden for the Eden Chamber of Commerce ‘Christmas on Imlay’ event on Thursday 19 December 2019, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

3.      That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

4.      That organisers fully implement an approved Special Event Transport Management Plan.

5.      That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event.

6.      That organisers have written Police approval prior to conducting the event.

7.      That the event achieves all conditions of Council’s Use of Public Land approval.

New Years Eve Fireworks December 2019

1.      That the proposed event in Merimbula on 31 December 2019, be deemed a Class 2 special event and it be conducted under an approved Traffic Control Plan, in accordance with the Roads and Maritime Services (RMS) Traffic Control Manual.

2.      That persons involved in the preparation and implementation of the Traffic Control Plan must hold the appropriate RMS accreditation.

3.      That organisers fully implement an approved Special Event Transport Management Plan.

4.      That organisers have approved public liability insurance of at least $20 million indemnifying Council, Police and Roads and Maritime Services by name for the event.

5.      That organisers have written Police approval prior to conducting the event.

6.      That the event achieves all conditions of Council’s Use of Public Land approval.

Changing of priority at Bellbird Court and Andrea Street intersection, Eden

1.    Council approve the change of priority at the intersection of Andrea Street and Bellbird Court, Eden by the installation of a Stop sign and lines on Bellbird Court along with centreline marking along Andrea Street.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

12.1

Register of Delegations- Part 1

155/19

RESOLVED on the motion of Crs Dodds and Seckold

1.    That Council note and adopt the updated Register of Delegations Part 1.

2.    That the adopted Register of Delegations Part 1 be published on Council’s website.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

12.2

Additional Council Meeting Dates - 2019

156/19

RESOLVED on the motion of Crs Bain and Seckold

1.    That Council hold two additional ordinary Council meetings on Wednesday 6  and Wednesday 27 November, 2019.

2.    That if Council resolve, on 20 November 2019,  to progress to lodge a special variation application for the 2020-21 year then a resolution be made at that meeting in relation to holding an additional meeting on 4 December 2019.

In favour:             Crs Fitzpatrick, Bain, Nadin, Griff, McBain, Seckold, Tapscott, Dodds and Allen

Against:                  Nil

17.1

Non-residential sewer discharge factors

157/19

A report regarding this matter will be presented to Council for consideration.